RESTRICTED  WORLD TRADE  
ORGANIZATION  S/CSC/M/42 
19 October 2006 
 (06-5062) 
Committee on Specific Commitments  
  
 
 
REPORT OF THE MEETING HELD ON 5 OCTOBER 2006 
 
Note by the Secretariat
1 
 
 
1. The Committee on Specific Comm itments (CSC) held a meeting on 5 October 2006.  The 
agenda for the meeting is contained in WTO/AI R/2894.  As no points were raised under Other 
Business, the agenda was adopted  as proposed in the airgram. 
A. R ELATIONSHIP BETWEEN OLD AND NEW COMMITMENTS  
2. The discussion of this agenda item was conducted in informal mode.  It was agreed  that the 
Chairman update his informal, non-attributable summary of the discussion, and that the Committee revert to the item at the next meeting. 
B. C
LASSIFICATION ISSUES  
3. The Chairman  recalled that four classification issues that had come up during earlier informal 
discussions on classification issues in 2004 and 2005 had been selected for further discussion.  He 
noted that the details of one of the issues, c oncerning a technical error in the Maritime Model 
Schedule  had been set out in detail in an earlier annotated agenda (JOB(06)/187). 
4. The representative of th e European Communities  was of the view that issues concerning the 
MMS were more negotiating issues than classifica tion issues, and should be taken up by those 
Members negotiating on maritime transport services. 
5. The representative of Hong Kong China  agreed with the proposed rectification of the MMS.  
6. The representative of Pakistan  stated that "Port Captain Services" and "Harbour Master 
Services" were two distinct activities, on both of  which her delegation was considering offering 
commitments.    
7. The representative of Japan  stated that a group of Member s interested in the maritime 
transport services negotiations had discussed the is sue, without having yet reached a consensus on a 
single option.  The inclusion of both terms, i.e. "Port Captain Services", and "Harbour Master 
Services," might present an appropriate solution. 
8. The representative of Australia  agreed with other delegations that those Members that were 
particularly interested in the MMS should arrive at  an agreement on the issue.  On substance, his 
delegation shared the analysis set out in the Chairm an's annotated agenda, JOB(06)/187.  It appeared 
possible to include also the term "Port Captain Services" in the MMS. 
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and without prejudice to 
the positions of Members and to their rights and obligations under the WTO. S/CSC/M/42 
Page 2  
 
  9. The representative of Switzerland
 supported a correction of the MMS on basis of the text set 
out in the Chairman's annotated agenda, JOB(06)/187 and his earlier informal note of 31 January 2006. 
10. As for the question whether the additional co mmitments as described in the MMS extended
 
also to private port operators , an issue that was set out in more de tail in the Chairman's informal Note 
of 31 January 2006, the representative of Australia  stated that the privatization of ports required the 
development of an appropriate regulatory framewo rk to maximize competition and minimize residual 
monopolistic rents.  Such a framework should incl ude in broad terms commitments that services be 
provided on both reasonable and non-discriminatory te rms and conditions.  His delegation was ready 
to join a consensus to make the extension of th e additional commitments in the MMS to private port 
operators more explicit than was presently the case.   
11. The representative of Hong Kong, China  noted that the contribution of private port operators 
was economically important, and that there was value in making explicit in the relevant part of the 
MMS that additional commitments would also re quire governments to ensure that private port 
operators provided the listed services on reasona ble and non-discriminatory terms and conditions. 
12. The representative of the United States  stated that such a change would go beyond a mere 
correction or technical rectification.  She wanted to consult with capital on how to address this issue. 
13. Commenting on the classification of certain Distribution Services in W/120 , the full details of 
which were set out in the Chairman's informal No te of 31 January 2006, the representative of Hong 
Kong, China  agreed with the amended correspondence proposed therein.   
14. The representative of Australia  also agreed with the reasoning and proposal set out in the 
Note, noting that a clear specification of partial coverage was preferable over the use of double 
asterisks, as set out in paragraphs 15 and 16 of the informal Note.   
15. The representative of Switzerland  drew on the point in paragraph 11 of the informal Note 
which stated that the existing correspondence in W/120 did not present a problem in terms of legal 
certainty, but was lacking clarity and user-friendlin ess.  He reserved his delegation's position as to a 
rectification of W/120. 
16. The Chairman  noted that further reflection on these three issues was required; he asked 
delegations to take note of the comments made and s uggested that the Committee revert to the issue at 
its next meeting.   
17. It was so agreed.  
18. Noting that during the present meeting, the de legations of Australia  and Hong Kong China 
had supported the view that dredging services  should be considered to be  covered by CPC 5133, the 
Chairman recalled that in all discussions to date Me mbers had shared this view.  He hence suggested 
that the Committee confirm the common understand ing of Members that dredging services, which 
were not explicitly mentioned in the CPC, were covered by CPC 5133 - "Construction work for civil 
engineering for waterways, harbours,  dams, and other water works."   
19. The Committee so agreed.  
C. SCHEDULING ISSUES  
20. No delegation spoke under the age nda item of "Scheduling Issues"   S/CSC/M/42 
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  D. OTHER BUSINESS  
21. The Chairman  suggested that the next formal meeting of the Committee be held on 
1 December 2006.   
22. It was so agreed . 
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